International Federation of Actors constitution

Transcription

1 International Federation of Actors constitution 1

2 I - GENERAL PRINCIPLES Art. 1 - Name and nature of the organisation The International Federation of Actors (hereafter the Federation) is an international organisation linking together the unions of professional artists in all or any of the categories described in art. 3, 1. Art. 2 - Registered office and location of the Secretariat The registered office of the Federation is 1, rue Janssen, Paris, France. The location of the Secretariat and any change thereof shall be decided by the Executive Committee. Art. 3 - Aims, objects and principles The objects of the Federation are the protection and promotion, on a strictly professional basis, of the artistic, economic, social and legal interests of actors, singers, dancers, variety and circus artists, choreographers, directors, broadcast professionals, etc., organised in the affiliated unions or in other unions which associate themselves with the Federation for particular purposes. When the word artist is used in this Constitution, it shall be construed as referring to those categories. The following objectives, in particular, are accepted as being of paramount importance: a. The safeguarding and the development of live theatre, one of the means of expression best suited to increase mutual understanding between the peoples of the world. b. The safeguarding of the economic and moral intellectual property rights of artists in their work and the institution of protective measures on a national and international basis to safeguard those rights. c. The enhancement of working conditions and safety protections for artists, whether by collective bargaining, or under national or international law. d. The promotion of agreements between affiliated unions in respect of: i. The crossing of frontiers by artists; ii. The protection of the interests of artists in a foreign country; iii. The transfer of membership from one national union to another; iv. The surmounting of passport and other difficulties confronting artists travelling abroad. e. The compiling of statistics, which may be of value to the affiliated unions. f. The exchange of information between the affiliated unions on the position of the profession and its development in the countries concerned, and the publication of periodicals and other literature pertaining to the interests of the members. g. The support of all activities that help to raise standards of performance and to make the art of the theatre, radio, films, television and related activities more widely accessible. h. The promotion of employment for artists, including efforts and measures designed to ensure equal employment opportunity and non-discrimination, and the support of all measures which combat unemployment. i. The support of affiliated unions in their efforts to maintain the principles established by the Federation, where assistance is required beyond the capacity of the affiliated union. j. The holding of international congresses and conferences. k. Collaboration with the ILO, UNESCO, WIPO, the Council of Europe, all the institutions of the European Union and with other international organisations, on behalf of members of the affiliated unions. l. The maintenance of a fund to promote the objects and to meet the costs of administering the Federation. The Federation shall not discriminate on the basis of sex, race, colour, ethnic or social origin, genetic features, religion or belief, political opinion, membership of a national minority, disability, age, sexual orientation, gender identity or expression. II - MEMBERSHIP Art. 4 Membership categories Membership of the Federation shall comprise two categories: regular members and associate members, pursuant to art. 12, 2. Unless otherwise explicitly stated, all membership-related references in this Constitution shall be deemed to apply to regular members only. Art. 5 Membership entitlement Subject to the terms of this Constitution: a. All national unions representing the interests of artists and accepting the Constitution and other rules of the Federation may become members. b. Local organisations of artists, or those covering part only of a country, may be granted membership at the discretion of the Executive Committee after consultation between the Executive Committee and any affiliated union or unions in the country concerned. Art. 6 - Application for membership Application for admission into the Federation should be sent to the Secretariat in writing. Applications must be accompanied by a copy in English, French, German or Spanish of the Rules of the union applying for membership. Applications must state the number of paid-up members of the union within FIA s field of jurisdiction, give information on its coverage and sphere of influence and include a recently audited financial statement, unless otherwise directed by the Secretariat. Art. 7 - Processing of membership application The Secretariat shall, within a month of receiving an application for affiliation together with all the documents and information referred to in art. 6, 2 and 3, circulate to the affiliated unions the application and give them the information referred to in art. 6, 3. The Rules of the union applying shall be sent to any affiliated union that so requests the Secretariat. It shall be an absolute obligation upon affiliated unions to make known to the Secretariat within twelve weeks after the date of circulation their attitude to the application for affiliation. Art. 8 - Admission of new members If no objection has been lodged, the Executive Committee shall at its next meeting declare the admission of the union making application. If one or more objections are lodged, the Executive Committee shall decide whether the new member may be admitted. A union refused admission has the right to appeal to the next Congress. An acceptance may, by discretion of the Executive Committee, be rescinded if it should be found that the acceptance was obtained through misrepresentation by the applying union. It may also be deferred if an 2

3 affiliated union was unable to raise a bona-fide objection in the specified time through failure to receive, or delay in receiving, information on the application. Art. 9 - Termination of membership Membership may be terminated by: a. Resignation b. Expulsion c. Dissolution of the Federation Art Resignation Resignation shall be announced to the Secretariat in writing. An affiliated union wishing to resign shall give at least six month s notice. Resignation shall not become formally valid until the resigning union shall have fulfilled its financial obligations to the Federation. Art Expulsion Without prejudice to the provision of art. 12, the Executive Committee may expel an affiliated union for infringing the Constitution or for violating decisions of the Congress. The expelled union shall have the right to appeal to the next Congress. Art Suspension In the case of any affiliated union having failed to pay its subscription in respect of two or more years and having failed to provide a written explanation satisfactory to the Executive Committee, the Executive Committee may suspend such union from active membership until such union shall have paid its subscription in full or complied with any other decision taken by the Executive Committee, in the timeframe chosen by the latter. Non-compliance with the decision taken and the timeframe imparted by the Executive shall result in the expulsion from the Federation, with the agreement of 2/3 of the votes cast. Where an affiliated union has been a paid-up member of the Federation for at least five full years, the Executive Committee may offer them associate membership status, as an alternative to expulsion. Associate members shall not be required to contribute financially to the Federation. They may consult with the Federation for basic advice and benefit from its political support in exceptional circumstances. They may attend meetings at their own costs in an observer capacity, provided the meeting is not closed to observers. The Federation shall have the ability to continue to speak on their behalf at international level. Associate members shall have no right to vote or stand for election in any of the Federation s governing bodies. They shall strive to achieve the financial stability necessary to regain regular membership status within the Federation as soon possible. During a period of suspension the union concerned shall not be relieved of any of its obligations under this Constitution but shall not be entitled to be a member of the Executive Committee and shall not, without the express approval of the Executive Committee, be entitled to participate in the affairs of the Federation nor to receive any of the assistance or services provided by the Federation. III - RIGHTS AND DUTIES OF MEMBERS Art Autonomy of affiliated unions The autonomy of the affiliated unions in regard to their internal organisation, administration and finance is guaranteed. Art Rights and duties of affiliated unions The affiliated unions undertake to use their best endeavours to assist in the fulfilment of decisions reached by the Congress. Copies of all documents issued by the affiliated unions likely to be of interest to the other affiliated unions shall be sent to the Secretariat. Affiliated unions shall keep the Secretariat informed of the most important developments affecting the various sections of the profession. Affiliated unions shall answer all enquiries from the Secretariat promptly and in satisfactory detail. The Secretariat shall be kept informed as to any important changes within the governing bodies of affiliated unions, changes of address, and so forth. It will be the duty of each affiliate to submit, at each Congress or within three months thereafter, a Declaration of Membership representing the average number of paid-up members during the previous four years, on which affiliation fees and votes at Congress will be based. The union s accountant or similar authority shall verify such declaration. The affiliated unions undertake to pay to the Federation s Secretariat the affiliation fees, as fixed by the Congress, annually in advance. Fees for each year are payable on 1 January and shall be paid no later than 31 March. Fees must be paid in Euros. It is the responsibility of the individual unions to try to overcome possible difficulties in the transference of funds. Should an affiliated union become involved in a dispute on a question of principle which has been accepted by the Federation it shall be supported as far as practicable by the Federation. Each affiliated union will grant to any member in good standing of another affiliated union all possible legal advice and protection in respect of disputes arising from such member s professional work, subject always to the union s rules. IV - GOVERNANCE Art Governing bodies The governing bodies of the Federation shall be: a. The Congress b. The Executive Committee c. The Presidium Art Congress The Congress shall be composed of delegates from the affiliated unions, with the exception of suspended unions. Art Voting procedure at Congress For the purposes of voting, each country represented at the Congress shall have a number of votes on the following basis: Countries whose unions have less than 100 members: 6 votes Countries whose unions have between 101 and 500 members: 9 votes Countries whose unions have between 501 and 1,000 members: 12 votes Countries whose unions have between 1,001 and 2,000 members: 14 votes Countries whose unions have between 2,001 and 3,000 members: 16 votes Countries whose unions have between 3,001 and 5,000 members: 18 votes Countries whose unions have between 5,001 and 10,000 members: 20 votes Countries whose unions have more than 10,000 members shall be given one additional vote for each additional 10,000 members or part thereof. The number of votes a union may exercise at Congress shall be calculated based on its Declaration of Membership. The Commission on Credentials 3

4 and Elections appointed by the Executive Committee shall have the duty to oversee the process of calculation of votes and of making a report to the Executive Committee at the Congress and then to the Congress itself. No delegate of any affiliated union may vote if his/her union has not paid the affiliation fees that are due to the Federation. The granting of a reduction in the payment of those fees for a period not to exceed 12 months shall not compromise the right to vote at Congress. However, the number of votes a union may exercise at Congress shall take account of any such reduction. Where a country is represented at Congress by more than one union, the total number of votes that country will exercise will be based on the aggregate number of members of each union as per their respective Declaration of Membership and averaged as set out above. The votes shall be divided between the unions from that country on a basis to be determined by agreement between those unions. This agreement must be communicated to and received by the General Secretary of the Federation in writing thirty days prior to the opening of each Congress. In the absence of timely notification of any such agreement the division of votes between those unions concerned shall be decided by the Executive Committee on the recommendation of the Commission on Credentials and Elections. In any event, where one or more unions in the same country is/are not allowed to vote, their aggregate number of members shall not contribute to determine the total number of votes that the country may exercise at Congress. An affiliated union entitled to vote may authorise a delegation of another affiliated union to exercise its votes, provided that a letter confirming such authority is sent to the Secretariat. Notwithstanding the foregoing, the members of the delegation of a single affiliated union may not represent unions of more than three countries in addition to their own. Art Congress organisation The Congress shall decide its own agenda on the proposal of the Executive Committee. The quorum of the Congress shall be one delegate from two-thirds of the affiliated unions having a membership of not less than 500. All decisions (except alterations of the Constitution) shall be decided by simple majority of the votes cast: equality of voting shall be regarded as a negative decision. An ordinary Congress shall be held at least every four years. The Executive Committee may convoke extraordinary Congresses. It shall be compulsory upon the Executive Committee to convoke an extraordinary Congress if required to do so by not less than one third of the affiliated unions. Place and time of the Congress shall be communicated to the affiliated unions by the Secretariat after being decided by the Executive Committee. The union in whose country the Congress is to take place shall make arrangements for the Congress. All other expenses shall be met by the affiliated unions themselves. Art Motions at Congress Motions for the Congress may be proposed by the Executive Committee or by the affiliated unions. They shall be sent to the Secretariat at least three months before the Congress and must be circulated by the Secretariat to the affiliated unions at least six weeks before the Congress. Should an affiliated union consider it essential to introduce a motion during the three months prior to the Congress, it shall be dealt with as a motion of urgency. The Congress shall decide whether such a motion shall be admitted. Art Executive Committee The Executive Committee shall be composed of at least one representative per affiliated union in fifteen different countries, including those of the seven members of the Presidium. Art Presidium The Presidium shall be composed of the President and the six Vice- Presidents of the Federation. Art Nominations for the Presidium and the Executive Committee The Executive Committee shall appoint a Commission on Credentials and Elections comprising five members to be drawn both from within and outside the ranks of the Executive Committee. The Commission shall be appointed at the Executive Committee in the year preceding the Congress. No more than two shall be drawn from the ranks of the Executive nor shall any of them be a candidate for the Presidium. The Commission will call for nominations to the positions on the Executive at least four months prior to the holding of the Congress. The Commission on Credentials and Elections will draw up a provisional list of candidates following receipt of these nominations, taking into account the various balancing factors referred to in art. 24, 2 of the Constitution. That provisional list and all other nominations received shall be sent to all affiliates and a further call for nominations made. Such further nominations shall be made no later than six weeks prior to the opening of the Congress. Once these further nominations have been received, the Commission on Credentials and Elections may revise the provisional list and the latter, together with any additional nominations received but not on the list, will be sent to all affiliates in advance of Congress. A nominee may withdraw his/her candidature at any time up to one hour following the opening of Congress. Additional nominations will be sought at Congress only in the following circumstances: a. That the withdrawal of a candidate results in fewer nominees than positions available b. That the Commission on Credentials and Elections finds that the withdrawal of one or more candidates prevents the implementation of the balancing factors provided for in the Constitution Nominations for the Presidium may only be received from affiliated unions and for individual members of affiliated unions - that have paid up the affiliation fees due by them to the Federation. Nominations for the countries on the remaining seats of the Executive may only be received from affiliated unions that have paid up the affiliation fees due by them to the Federation. At least one union in each of these nominated countries must be a fully paid-up member of the Federation. Art Elections Elections will take place at Congress. In each of the three categories - President, Vice-Presidents and Members - an election will take place in turn with delegates being given the opportunity of following the final list or choosing any other candidates nominated for the relevant position. The President and six Vice-Presidents shall be elected by name by the Congress. The Congress shall elect a country for each of the remaining seats on the Executive Committee. If there is more than one affiliated union in a country represented on the Executive Committee, they will have equal entitlement to be represented on the Executive Committee. However, such unions may also agree upon a specific method of the country s representation on the Executive Committee. The unions of the countries so elected shall inform the Secretariat of their representation within two months following the Congress and upon the 4

5 occasion of any change. The unions concerned may designate deputies for their representatives. However, deputies for the President and Vice- Presidents may not act for them in their capacity as Officers. Seats on the Executive Committee shall be occupied for four years or until the next Congress. In the event of the announcement of retirement, or expulsion by the Executive Committee from the Federation of the only affiliated union or of all the affiliated unions in a country represented on the Executive Committee, or in the event of the suspension of such union(s) under art. 12, the Executive Committee shall designate another country to fill the vacancy. Art Terms and conditions of office The President and six Vice-Presidents shall hold office unless the unions to which they belong inform the Secretariat within two months after the Congress that they disapprove of such election. In such case, or if any of them becomes unable to exercise his/her function, or if the confidence of his/her union is withdrawn from any of them at any time while holding office, or if any of them should resign from office, the Executive Committee may designate in their place an Acting President or Vice-President, as the case may be. If such Acting President or Vice-President is from a country other than that of the officer being replaced and already represented on the Executive Committee, the Executive Committee shall designate another country to fill the resulting vacancy. The Executive Committee and its Presidium shall as far as possible reflect the geographical, linguistic and socio-political structure of the Federation. In its composition, proper balance shall be sought between continuity and renewal. Art Executive Committee meetings The Executive Committee shall meet at least three times between Congresses, not including those meetings of the Executive Committee held immediately before or after a Congress. The time and place of meetings shall be fixed by the Executive Committee or by the General Secretary in consultation with the President and Vice-Presidents. These officers shall have the power to call additional meetings. The quorum for the Executive Committee shall be one representative from eight of its member unions, each from a different country, including the President or one of the Vice-Presidents. Its decisions shall be reached by a simple majority of the votes cast: equality of voting shall be regarded as a negative decision. Each country represented on the Executive Committee shall have one vote. The Executive Committee shall decide on its own order of business and propose an Agenda for the Congress. The President shall take the Chair at meetings of the Executive Committee and the Congress. In the absence of the President, the Chair will be taken by one of the Vice-Presidents. Art Role and responsibilities of Congress The Congress shall be the highest authority within the Federation. The Congress shall formulate the general policies of the Federation, approve the Constitution and programme of action, and shall be the final authority in deciding on complaints and appeals of members. The Congress shall approve the financial reports of the Federation. Art Role and responsibilities of the Executive Committee and of the Presidium The Executive Committee shall represent the Federation between Congresses, and the President and the Vice-Presidents (the Presidium) together with the General Secretary shall represent the Executive Committee between meetings of that body. The Presidents and the Vice-Presidents together with the General Secretary shall promote the policy of the Federation and may not take any action under this clause that is contrary to the decisions of the Congress and of the Executive Committee. The Presidium shall deal in particular with administrative and economic matters. Its decisions shall be reported for approval at the next meeting of the Executive Committee. The Presidium shall also deal with urgent matters that require immediate decisions, which shall be reported to the Executive Committee without undue delay. The Executive Committee may entrust certain special tasks either to one of its members, or to the President, or to one of the Vice-Presidents, or to a national union, and may appoint such legal or special experts or counsel as it may find necessary. Any expert or counsel so appointed shall have the right to attend meetings of the Executive and Congress and the right to speak on matters of his / her competence. The Executive Committee may seek opinions of the affiliated unions by a referendum on single questions of an urgent nature. The Executive Committee, on behalf of the Congress, shall appoint a full time General Secretary who shall be the Executive Officer of the Executive Committee to which he is responsible. The Executive Committee shall delegate the appointment process, including the advertising of the post and interviewing of candidates, to the Presidium. In this event, the decision of the Presidium regarding such an appointment shall be communicated in writing to the members of the Executive and be subject to the approval of the majority of the members of the Executive Committee within a four week period of receipt of the communication. The General Secretary will take part in the meetings of the Executive Committee and of Congress in a consultative capacity. The Executive Committee shall be charged with providing facilities for the Permanent Secretariat. The General Secretary is charged with the administration of the Federation and its finances. Art Official languages The official languages of the Federation shall be English, French, German and Spanish for the Congress (including the documents of the Congress), and English and French for all other communications and documents. Art Regional and linguistic groups The Executive Committee may approve the establishment within the Federation of Groups of affiliated unions within geographical and linguistic zones in which problems exist common to those unions. Such Groups may elect their own officers. The General Secretary of the Federation shall be invited to all meetings of such Groups, which meetings shall be open to all affiliated unions. The General Secretary or an elected officer of each Group shall report to the Executive Committee on all resolutions passed and activities undertaken by the Group. No geographic or linguistic group shall take a position that is in conflict with the Constitution or contrary to a position that has been adopted by any of the governing bodies of the Federation. All groups shall strive to exchange information and coordinate positions on issues that are likely to have impact on other groups within the Federation. Subject to the above, all groups are encouraged to formulate policies that will advance their needs and to coordinate activities with other groups which will further the interests of the regional groups and the aims and objects of the Federation. V - FINANCE Art Affiliation fees Annual dues to the Federation shall be determined by the Congress and remain in force until changed by any subsequent Congress. 5

6 The Executive Committee shall study any requests by an affiliated union for a reduction of its annual dues. Providing the accompanying documents are considered to justify it, the Executive Committee shall have the authority to grant the request. The period of each reduction may not be longer than one year. In exceptional circumstances, the Executive Committee may grant a reduction of the annual dues to the Federation without an explicit request from an affiliated union. Affiliates that can afford to do so are invited to contribute a larger sum. If any further sums are required to promote the objects of the Federation and to cover the costs of its administration, the Executive Committee shall have the authority to make appropriate recommendations to affiliated unions. Art Expenses and funds of the Federation The funds of the Federation shall be administered by the Secretariat under the instructions of the Executive Committee. The Federation may pay the expenses of meetings of the Executive Committee or of the representation of the Federation at meetings or conferences. The expenses of administering the Federation shall be borne from the funds of the Federation. The Federation shall not be liable for the expenses of delegates attending the Congress. The Executive Committee shall see that a professionally qualified accountant audits the accounts of the Federation annually. VIII - FIA CONSTITUTION AND AMENDMENTS Adopted: London Congress June 1952 Amended: Venice Congress August 1954 Brussels Congress June 1956 Geneva Congress October 1958 Mexico City Congress October 1964 Prague Congress October 1967 Amsterdam Congress September 1970 Stockholm Congress September 1973 Vienna Congress September 1976 Budapest Congress September 1979 Paris Congress Sept./Oct Athens Congress September 1985 Leningrad Congress September 1988 Montreal Congress Sept./Oct Copenhagen Congress June 1996 Budapest Congress September 2004 Marrakech Congress October 2008 Toronto Congress September 2012 *** TITLE VI - DISSOLUTION OF THE FEDERATION Art Dissolution The affiliated unions may dissolve the Federation by a two-thirds majority vote at Congress and decide on the devolvement of the net assets, in accordance with all applicable laws or other relevant regulations. Where the Federation is dissolved for any given reason, the affiliated unions may by a two-thirds majority vote designate one or more persons to liquidate the Federation. The Federation shall be financially responsible only to the extent of its own property. VII - INTERPRETATION OR MODIFICATION OF THE CONSTITUTION Art Authoritative version of the Constitution Should differences arise concerning the interpretation of the precise wording of the Constitution, the English version shall be regarded as the authoritative one. Art Disputes related to interpretation In any case of dispute as to the interpretation of the Constitution or in respect of any point upon which the Constitution is silent, the matter shall be decided by the Executive Committee and such decision shall be considered valid and binding until the next Congress. Art Alteration of the Constitution The Constitution shall be altered only by a two-thirds majority of the votes cast at the Congress. International Federation of Actors (FIA) 40, rue Joseph II BE Brussels Tel: +32 (0) Fax: +32 (0) office@fia-actors.com Website: 6